¶1Appeal unanimously dismissed, without costs, as academic in view of decision in Pates v. Garofalo, 41 A D 2d 703, decided herewith. (Appeal from order on Onondaga Special Term denying motion to dismiss second cause of action in negligence action.) Present — Goldman, P. J., Del Veechio, Witmer, Cardamone and Simons, JJ.
41 A.D.2d 684
Bates v. Garofalo
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-02-16
Decided 1973-02-16